Andhra Pradesh High Court - Amravati
Sivarambotia Kondalu Sarma vs The State Of Andhra Pradesh, on 28 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.10803 OF 2024
Between:
Sivarambotla Kondalu Sarma, S/o Appaiah,
Age 60 years, Occ: Chief Executive Officer,
The Penuganchiprolu Primary Agricultural
Cooperative Credit Society Limited.,
No.H.1861, Penuganchiprolu Village & Mandal,
N.T.R. District, R/o 14-22, Police Station
Centre, Penuganchiprolu Village & Mandal,
N.T.R. District.
... Petitioner
And
The State of Andhra Pradesh, rep by its
Principal Secretary, Agriculture & Co-operation
Department, Secretariat, Velagapudi,
Amaravati, Guntur District, Andhra Pradesh
State and five others.
... Respondents
Counsel for the petitioner : Sri K.Ramesh Babu
Counsel for respondents : GP for Services - II and
Sri A.Rajendra Babu,
Standing Counsel
ORDER
The above writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...to issue an appropriate Writ order or direction more particularly
one in the nature of WRIT OF MANDAMUS declaring the action of
the respondents 3 to 5 in not allowing the petitioner to continue as
SRS, J
Chief Executive Officer of the 6th respondent Cooperative Society
till attaining 62 years age in spite of the resolution dated
30.03.2024 passed by General Body of the 6th respondent
enhancing the age of superannuation up to the age of 62 years as
illegal, arbitrary and contrary to G.O.Ms.No.15 Finance (HR.IV-
FR&LR) Department, dated 31.01.2022 and as per G.O.Ms.No.15
dated 04.02.2019, G.O.Ms.No.36, dated 01.03.2019 apart from
being violative of Article 14 of the Constitution of India and
consequently direct the respondents to continue the petitioner in
service till the petitioner attain the age of 62 years and pass such
other or further orders ..."
2. Heard Sri K.Ramesh Babu, learned counsel for the petitioner and
learned Assistant Government Pleader for Cooperation appearing for
respondent Nos.1 to 4 and Sri A.Rajendra Babu, learned Standing
Counsel appearing for respondent No.5. Notice of respondent No.6 is
dispensed with in view of filing of General Body Resolution dated
30.03.2024 as Exhibit P.1.
3. Learned Single Judge of this Court granted interim order on
07.05.2024 directing the respondent No.6 to continue the petitioner in
service until he attains the age of superannuation of 62 years or until
further orders of this Court.
4. At the hearing, learned counsel for the petitioner has drawn
attention of this Court to the General body resolution dated 30.03.2024
passed by respondent No.6, whereby it was resolved to extend the age
of superannuation from 60 years to 62 years and also the common
order passed in W.P.No.3255 of 2023 and batch, dated 06.05.2024.
SRS, J
5. Learned Single Judge of this Court by a common judgment in
W.P.No.3255 of 2023 and batch, upheld the power of society to
enhance the age of superannuation from 60 to 62 years as per Andhra
Pradesh Cooperative Societies Act and the Rules made there under.
The issue involved in the writ petition is squarely covered by order in
W.P.No.3255 of 2023 and batch. In fact, pursuant to common order, by
following the same, writ petitions were disposed of at admission stage.
6. Given the facts and circumstances of the case, the Writ Petition
is allowed in terms of common order dated 06.05.2024 in W.P.No.3255
of 2023 and batch. There shall be no order as to costs.
The Registry is directed to attach copy of the order dated
06.05.2024 in W.P.No.3255 of 2023 and batch and batch to this order.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
Date : 28.06.2024
TVN
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.10803 OF 2024
Date : 28.06.2024
TVN
